These Terms of Use are effective as of May 8, 2018 and are between you and Change 4 Children’s and its affiliates (“C4C”), for the use of the Change4Childrens.org website (“the “Website”). The terms and conditions set forth in this Agreement constitute the entire agreement between C4C, by and on behalf of its subsidiaries and affiliates, and users of the Website. C4C will not be bound by any additional or different terms on order forms or other documents that are inconsistent with these terms. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website. It is your responsibility to regularly review these Terms of Use.

License To Use Site

You may use the Website solely for personal and non-commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with C4C. Your right to use the Website is not transferable. You acquire no rights or licenses in or to the Website and materials contained therein other than the limited right to utilize the Website in accordance with these Terms of Use.

User Eligibility

You acknowledge that you are 13 years of age or older. While children may participate in C4C campaigns and are welcome at appropriate C4C events and activities, children under the age of 13 are not allowed to register on the Website or submit any personal information on our Website.

Privacy

Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses, and/or credit card information, and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: http://change4childrens.org/privacy-policy/.

Password

When you register on the Website, you will be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your credentials. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify C4C immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Your username and password are not transferable.

Use Of Submitted Content

C4C will consider anything you provide to us and/or contribute to this Website as available for our use, free of any obligations to you. By posting or uploading any content, writings, testimonials, images, photos, videos, ideas, or text to this website and/or providing any communication or material to C4C (“User Content”), you automatically and irrevocably:

(i) grant and assign to C4C any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its assignment, sublicensing, reproduction, distribution, modification, publishing and/or other exploitation by C4C and/or by any person authorized by C4C, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

(ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(iii) warrant that you are the owner of the User Content and entitled to enter into this Agreement;

(iv) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that C4C shall not be liable for any use or disclosure of such User Content.

Digital Millennium Copyright Act

C4C respects the intellectual property rights of others and asks users of this Website to do the same. It is C4C’s policy to terminate in appropriate circumstances users or account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide C4C’s Copyright Agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. C4C’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: info@whatsupmoms.com; Attn: Copyright Agent. The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Communications On Internet; Events Beyond Our Control

Neither C4C nor any of its affiliates, employees or agents warrant that the Website will be uninterrupted, timely, accurate, complete or error-free or that errors, if any, will be corrected. Other than as required under applicable consumer protection law, under no circumstance will C4C be liable for any damages of any kind arising from the use of the Website. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.

While C4C has endeavored to create a secure and reliable Website, C4C and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters. C4C is not responsible for failure to receive a request or technical problems that may hinder the efficacy of an order. C4C and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Website may be temporarily unavailable from time to time for maintenance or other reasons.

Credit Card Transactions

This site supports credit card transactions of various kinds. You acknowledge that you have carefully reviewed the summary of charges for each transaction before selecting the link or button to finalize the transaction. If you suspect that you have been charged in error, please contact us immediately.

Refund Policy

There will be no refunds for donations made to C4C. All other refunds for transactions processed by this website are at the discretion of C4C.

Copyright and Trademark

All content on the Website, including but not limited to design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “C4C Content”), is the proprietary property of C4C or a third party and protected by copyright. All rights reserved. None of the C4C Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without C4C’s prior written permission. You may not republish C4C Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of C4C Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Website are trademarks of C4C or a third party and may not be copied, imitated, or used, in whole or in part, without the prior written permission of C4C or the applicable third party.

Warranties and Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. All information appearing on the Website is provided “AS IS, AS AVAILABLE” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. C4C DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

Links To Other Websites And Information About Other Products And Services

The links found on this Website will let you leave our Website and go to sites operated by parties other than C4C. The linked sites are often not under the control of C4C and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by C4C, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by C4C, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between C4C, or any of its affiliates, and any linked third party or their content. C4C does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

Applicable Law

This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Los Angeles, California.

Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Local Regulations

C4C makes no representation that materials or other content on the Website are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Termination

C4C may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against C4C in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, C4C may delete and/or store, in its discretion, data associated with your use of the Website. C4C may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any web site feature, database, or content.

Modifications to this Agreement

C4C reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, C4C will treat your use as acceptance of the updated Agreement.

Entire Agreement

This Agreement and our Privacy Policy contain the entire agreement between you and C4C with respect to this Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and C4C with respect to this Website. Any rights not expressly granted herein are reserved.

For any questions or comments, or to report violations of this agreement, contact us at change4childrens@gmail.com with “Terms of Use Agreement” in the subject line of your email.